Chapter 16 (Themis)

Strict Liability

Defendant will be held liable no matter how careful they were

Abnormally Dangerous Activities

A defendant engaged in an abnormally dangerous activity will be held, strictly liable for personal injuries and property damage caused by the activity, regardless of precautions taken to prevent the harm

Factors to determine “abnormally dangerous” activity

• Whether it creates a foreseeable and highly significant risk of harm even when the actor takes due care

• Severity of the harm resulting from the activity

• Appropriateness of the location for the activity

• Whether it has great value to the community

When is the owner liable to other for animals?

• owners are strictly liable for the harm arising from the animals dangerous propensities

• Injuries caused to licensees or invitees – strictly liable

• Trespassers – not strictly liable unless caused by a vicious watchdog

What categories does Strict Liability apply to?

• Abnormally dangerous activities;

• Animals; and

• Defective Products